Brand new to this-keeping Summary Judgement off credit report?
Please excuse my ignorance. I just found this forum and know next to nothing but am hoping for some help.
I got a "notification of judgement filed" from the Employment Development Department for $1700. I thought i was making payments...(long story), turns out I was late with my payments.
I called and they said they wont vacate the judgement even if I pay the whole thing now. it was filed on Nov 7, 2007.
I have Identity theft so my credit is already horrendous. This is going to make it really bad! Its not on my credit report yet, is there any way I can keep it off now? They set up a new payment plan with me, but I think I could borrow the money if that will keep it off the credit report.
But, I dont have much money so I dont know if I can get a lawyer, unless it was a one time flat fee or something(I dont know how all that works).
How badly wiill this affect me? Does anyone know? And is there ANY way to keep it off the report that anyone knows of? Like if I pay it off now, maybe they wont report it or something???? Any help is greatly appreciated!!
Last edited by sarahlm; 12.03.2007 at 10:56.
Several questions, if I may?
Were you ever served a summons on this? Is a judgment against you actually on file in you local courthouse? Some other courthouse? Who is Employment Development Department and what is your relationship with them; are they an original creditor? Is there any relationship between the identify theft and the "judgment" against you.? Any other details that relate to this matter?
Basically, in order to be of assistance, we need information on the situation.
Your first action really should be to go get what is on file with the Court... All of it.
If it's not on file with your court, or any other court, it isn't a judgment.
No summons, but he said that its not like that, because its unemployment. They just file a motion, I guess.
It is on file (I checked online), but in Sacramento...and I live in Southern California. Thats where the main unemployment office is.
No relationship btwn. ID theft and judgemnt, just me being stupid and uninformed when I was on unemployment.
They are the original creditor. Its a government company so they have there own collections office.
They dont report it to the credit agencys, he said, it just goes on there because its a public record.
Thanks for trying to help-any other questions i will be happy to answer, Im just so clueless that I dont even know whats relevant.
They have the tendency to not go away... I am not familiar with CA statutes in that regard, but I suspect, like in other states, they are a law unto themselves and can levy without court order.
I would recommend that you figure out a way in which you can square things with them and see if they will go along with it. As for vacating the judgment, the Courts will likely not be of any assistance. Best to get an agreement you can live with than have them show up from time-to-time and clean you out. It is likely that they won't rest until they have collected what they think you owe.
Your recourse is likely through their administrative review process; that tends to be somewhat stacked in their favor. If they determine you owe, they will try to collect.
I dont mind paying it, I owe the money, I just wanted it to stay off my credit report.
So, maybe if I appeal the original amount owed or something???
How bad is it to have a judgement? My credit is TU:515, Exp: 525, Equ: 589, so its bad enough already, and I have already deleted like 6 ID theft accounts, although many are left (and a few small legitimate derogatorys).
If I pay it now, (somehow) will it affect my score a lot when it finally shows up on my credit report? (as satisfied)
Do you know how long it will take before its reported..obviously I want the 7 years to start ASAP
Not to be a doomsayer here, but I think you will not avoid this one. As for the judgement, I'm certian there was language you "agreed to" when you signed up for, and received unemployment. If you had conduct contrary to that agreement, then I'm sure the agency is acting in accordance with the legal requirements.
Originally Posted by sarahlm
As they stated, they are probably not directly reporting this judgement, but the fact that it is filed as a Public Record, it is likely to appear on your credit report. You would have to check California law to see how long it can stay.
The only hope you may have is to "appeal" this judgement through the unemployment department procedures, if you have not already lost the opportuntiy window to appeal. Most unemployment departments have a procedure to appeal a decision/action made. You should investigate if there is still a chance to appeal this judgement. You may want to consult an attorney in this case.
What kind of attorney?
They said I can still appeal the original amount owed and they may decide to hear my case if I explain why I am filing the appeal late. The only way I would win the appeal is because there may have been paperwork errors, or my former employer may not show up to the hearing but doesnt that seem like a long shot? So I wouldnt win anything, except postponement of the inevitable, right? Eventually, it would just appear and the 7 years would start then, not now?
Nothing ventured, nothing gained. But that is a choice that only you can make.
Originally Posted by sarahlm
There is some hope
Here are some viable options or realities for you:
Originally Posted by bizwiz41
1. The judgment may never appear on your credit report if EDD does not file an abstract of judgment. (they may hold off on filing based on your repayment and believe me it is a major pain to release these abstracts.)
2. They may hold off on filing the abstract based on the fact that you are in repayment with them.
3. You have 30 days from the entry of judgment to request an appeal or motion to vacate. You time up is on 12/7/07 so if this is something that can be paid immediately, the agency may not show up to the motion and let it go if paid timely.
Anyway, by talking to the agency, you at least keep the line of communication open, as stated earlier, government agencies have a law unto themselves and can pretty much wait you out on collections. Also, if you are receiving a refund, this may be intercepted (both state and now federal)
All very good advice herein. I would second the thought that repayment would be wise so as to not afford Lexis Nexis the opportunity to see it.
Once they do, they'll report it. After that, you will have to go through the re-investigation process and it is 50%-50% as to whether it will be deleted.